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Access to and use of americanews.com, the America News site and any other web sites or applications (collectively, the “Sites") owned or operated by America News Inc., or its affiliates (collectively, the "Company") are subject to the following terms and conditions (the “Terms of Use”). By accessing or using the Sites, you acknowledge that you have read, understand, and agree to these Terms of Use and the Company’s Privacy Policy (as amended by the Company from time to time), which is expressly incorporated into these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITES.

Terms And Conditions Of Use

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph.

Use of Content on Sites; Content Non-Transferrable

All content, design, text, graphics, photographs, interfaces, the selection and arrangements thereof, and any other material on the Sites (the “Content”) are protected by United States and international copyright law and other intellectual property laws and are owned by the Company or its licensors.

The Company grants you a limited, revocable, non-exclusive right and license to access and to use the Sites and the Content for personal, noncommercial purposes for the sole purpose of viewing the Sites as a personal resource. This license does not include and strictly prohibits the following: any resale of the Sites or their contents; any collection and use of any Content other than as expressly authorized herein; any derivative use of the Sites or any Content; or any use of data mining, robots, or similar data gathering and extraction tools. Except as stated in these Terms of Use, you may not copy, reproduce, republish, upload, post, distribute, modify, transmit, or revise in any manner the Content on the Sites without prior written permission from America News. Neither title nor intellectual property rights are transferred to any third party through the use of or access to the Sites; rather, all rights, title, and interest in and to all aspects of the Sites remain the sole property of the Company or its licensors.

Trademarks

All trademarks, service marks, trade names, and logos (collectively, the “Marks”) are registered and unregistered trademarks of the Company or its licensors. Nothing on the Sites should be construed as granting any license or right to use any Mark displayed on this Website, except as required to engage in the permitted uses expressly stated in the Terms of Use. You may not otherwise use any Marks without the prior written permission of the Company.

Disclaimers And Security

The Sites, their content, and access, are provided on an "as is" basis. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, statutory or otherwise, with respect to any of the materials, Content, or information on the Sites, or any goods or products or services offered, sold, or displayed on the Sites or your use of the Sites generally, including but not limited to the implied warranties of merchantability, non-infringement of third-parties' rights, title, or fitness for a particular purpose, or warranties arising by course of dealing or custom of trade. Specifically, the Company, its affiliates, and each of their respective officers, directors, employees, agents, third-party content providers, or licensors make no representations or warranties, express or implied, regarding the (i) accuracy, reliability, completeness, currency, or timeliness of the Content, (ii) links provided on or through the use of the Sites, or (iii) the quality and security of the Sites, or inability to access the Content or the Sites, including whether they will be free of viruses, unauthorized code, or other harmful components.

No Endorsement Made

The Company does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in the Sites, including without limitation any material posted by other users. We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the Sites. If you rely on any Content or other material accessible on or through the Sites, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence and accessing the Sites from any country where its content does not comply with its laws and regulations is prohibited.

Liability

You agree that the Company shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the Content or any other information obtained through use of the Sites. In no event will the Company be liable to you or anyone else for any incidental, consequential, indirect, special, punitive, or exemplary damages or lost profits arising out of or in connection with the use, inability to use, or performance of the Content, the Sites, or any other information obtained through the Sites, even if the Company, its licensors, agents, or representatives know or have been advised of the possibility of such damages. These excluded damages include, but are not limited to, medical, legal, and accounting malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. The Company's and its affiliates' cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the Sites, their content, or these terms of use shall not exceed the fee, if any, paid by you or on your behalf for the use of the Sites for the prior twelve (12) months. Any claims made by you in connection with your use of the Sites or the content must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

UNDER NO CIRCUMSTANCES WILL America News INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT.

Exclusion And Limitations

Some state laws in the United States do not allow the exclusion or limitation on implied warranties or of certain damages, so the above limitations or exclusions may not apply to you. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, co-brand partners, and other parties with which the Company is under contract or affiliated, and their respective officers, directors, employees, and agents, free and harmless from and against any claims, actions and demands, including, but not limited to, any attorneys’ fees and accounting fees, resulting from your use of the Sites, violation of these Terms of Use or the Privacy Policy, your violation of any law or regulation, your violation of any proprietary or privacy right, or any and all content you submit to the Company whether through the Sites or otherwise.

Links to Third Party Sites

The Sites may contain links to other sites on the Internet that are owned and operated by third party vendors and other parties. Any link (including a hyperlink, button or referral device of any kind) used on the Sites is provided for your use and convenience. The appearance of a link on the Sites does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party web site has any relationship with us. We do not endorse the content on any third-party web sites. We are not responsible for the content of linked third-party web sites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to web sites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. You should carefully review the privacy statements and other conditions of use on any third-party web sites accessed through the Sites.

User Responsible For User Content

The Company is under no obligation to respond to messages posted to this site, nor need we provide any compensation for any such communication. If you post any comments or material to the Sites you are responsible for such comments or material and the consequences of their posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that the Company has no responsibility for or control over the information, creations, data, or material you may post to the Sites. The Company makes no representation that your use of the Sites will comply with applicable laws or that they were designed to comply with the applicable laws. For example, many states regulate physician advertising and you are responsible for ensuring that your use of the Sites complies with laws applicable to you.

Ownership

Any material, information, idea, or other communication you transmit to or post on the Sites or to the Company by any means (“Communications”) will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company for any purpose whatsoever, including, but not limited to, developing and manufacturing products. Communications will in no event include any Personal Information covered by our Privacy Policy. The Company will have no obligations with respect to any Communications. The Company will be free to copy, disclose, distribute, incorporate, or otherwise use any Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes.

You hereby grant to the Company a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Sites, including without limitation, any Communications, by all means and in any media now known or hereafter developed for any use or purpose.

Prohibitions, Harmful Posts And "Spam"

You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, threatening, harassing, offensive, inflammatory, pornographic, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law, as determined by the Company in its sole and absolute discretion; (2) infringes on the copyright or any other proprietary right of a third party, including without limitation, rights derived from laws protecting patents, trademarks, trade secrets or other proprietary information; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other computer code, file, program or component designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) does not generally pertain to the designated topic or theme of the Sites.

You further agree that you shall not (i) remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Sites; (ii) disassemble, reverse engineer, decompile, decipher, modify or alter the Sites or any portion thereof; (iii) reproduce, copy, distribute, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Sites, except as permitted in these Terms of Use; (iv) prepare or develop derivative works based upon any portion of the Sites; (v) commercially exploit any portion of the Sites or use the Sites for any commercial purpose in any manner and through any medium whatsoever, except as expressly permitted in these Terms of Use in accordance with the intended purpose of the Sites; or (vi) use automated scripts to collect information from, or to otherwise interact with, the Sites.

You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to The Sites, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of The Sites, other accounts, computer systems or networks connected to The Sites, through password mining or any other means; (g) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Sites; (h) access, via automated or manual means or processes, the Website for purposes of monitoring its availability, performance or functionality or for any competitive purpose; or (i) interfere with another user's use and enjoyment of the Sites.

The Company does not and is not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our users of any material that is alleged not to conform to these Terms of Use, we may investigate the allegation and determine at our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these Terms of Use. We reserve the right to edit or delete any material posted on the Sites, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.

Copyright Policy

America News respects the intellectual property of others and asks that users of the Sites do the same. In connection with the Sites, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that material available on the Sites is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to [email protected]:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;

(ii) identification of the copyrighted work(s) that you claim to have been infringed;

(iii) identification of the material on our services that you claim is infringing and that you request us to remove;

(iv) sufficient information to permit us to locate such material;

(v) your address, telephone number, and e-mail address;

(vi) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

(vii) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentations of material fact in a written notification may subject the complaining party to liability for any damages, costs and attorney’s fees incurred by America News in connection with the written notification and allegation of copyright infringement.

General

The Sites, these Terms of Use, and the Company’s Privacy Policy will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. If any provision of these Terms of Use or the Company’s Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and the Company’s Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by the Company, in its sole discretion, to a third party. You may not assign your obligations to any other person or entity.

Changes to the Terms Of Use

The Company reserves the right to change, add, or delete portions of these Terms of Use from time to time. If we do so, we will post the amended Terms of Use to the Sites. All amendments to the Terms of Use take effect immediately for all users of the Sites upon posting to the Sites, and the continued use of the Sites by you after changes have been made shall constitute your acceptance of such changes.